Topic: hostile work environment

DEMOTION AS REASONABLE ACCOMMODATION AND RESPONDING TO HOSTILE-WORK-ENVIRONMENT CLAIMS UNDER THE ADA IN FORD V. MARION COUNTY SHERIFF’S OFFICE

In the recently decided case of Ford v. Marion County Sheriff’s Office, the United States Court of Appeals for the Seventh Circuit extensively discussed important elements of claims brought pursuant to the Americans with Disabilities Act, or “ADA.”  More specifically, it formally recognized that claims of disability-based workplace harassment are actionable under the ADA, it…

Read more

Has New York State Enacted a Workplace Civility Code?

The federal law known as Title VII, along with similar state laws, prohibits discrimination in employment on the basis of sex. Discrimination on the basis of sex can include harassment of an employee (either female or male employee, although the evidence is that sexual harassment of men is less common) by subjecting her or him…

Read more

Testing the Boundaries of the Faragher/Ellerth Defense in Sexual Harassment Cases

In 1998, the U.S. Supreme Court created a defense for employers accused of permitting a supervisor to engage in unlawful sexual harassment of an employee.  In two seminal cases, the Court held that an employer is not vicariously liable for a supervisor’s workplace harassment of a subordinate if the employer can show: (1) that it…

Read more